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(영문) 서울중앙지방법원 2014.03.18 2014고단177
증권거래법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

I. The Defendant’s position and the Defendant, while serving as the representative director from July 24, 2008 to March 31, 201, took overall charge of the business affairs of the company by making a major decision related to the operation of the company, such as merger, while working as the representative director, and taking overall charge of the business affairs of the company, for the purpose of manufacturing and selling video works, such as DVD, and purchasing, manufacturing, and selling game software in Korea.

Ⅱ Violation of the Securities and Exchange Act, and Financial Investment Services and Capital Markets Act;

1. No person shall make a false transaction of securities with the intention to attract the trading of securities to the securities market or the KOSDAQ market or make a change in the market price;

On July 24, 2008, the defendant, who is an unlisted company (owner) E, as the largest shareholder and the representative director, planned to acquire (owner) D's management right as a KOSDAQ-listed company from financial rights to KRW 18.3 billion, and then to list (owner) E's right through (State) D's merger.

However, under the circumstance that the Defendant suffered limitations on financing by raising a huge amount of loans that are likely to take over D, the Defendant was at the risk that the merger itself will no longer take place if the appraisal rights of shareholders of the merger opposing shareholders are exercised excessively in the process of the merger of the above two companies.

(State)The Defendant maintained D’s share price at a certain level and believed to be stable due to the merger between D’s shareholders and the outside of D’s share price. The Defendant borrowed the name account through Defendant’s friendship F, G, etc., and had the said G, D’s staff H, and D’s subordinate I, etc. using the said name account to manipulate (State) price against D’s share price.

The defendant is merged (the first merger) with G, H and I, and (State) E and (State)D.

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